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Breach of Employment Contract Litigation: Contract Interpretation, Materiality of Breach, Defenses, Damages

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 21, 2017

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance to employment litigators for bringing or defending breach of employment contract claims alleging wrongful termination, failure to pay wages or severance pay under an agreement, and/or violation of the restrictive covenants in an employment contract. The panel will address issues related to contract interpretation, materiality of breach, defenses to claims, and damages assessment.


When an employer or employee fails to satisfy specific terms or conditions of an agreed upon employment contract, the aggrieved party may seek economic damages and/or an injunction by bringing a breach of contract claim against the violating party. Breach of contract claims often allege wrongful termination, failure to pay wages or severance pay, and/or violation of non-compete or non-solicitation provisions in the employment agreement.

Breach of employment contract claims may arise from written contracts, as well as implied contracts created by employment handbooks, offer letters, or statements made by managers or supervisors. Proving that an implied contract exists is one of the greatest challenges for employment attorneys pursuing breach of contract claims. Whether the alleged breach was material or non-material is also an important factor in the outcome of a breach of employment contract case.

In defending breach of contract claims, employment counsel may raise a number of defenses, including that employment was at-will, the contract was void, the opposing party failed to comply with the duty of good faith and fair dealing and/or the duty to mitigate damages, and other defenses.

Listen as our authoritative panel discusses key considerations and best practices for employment counsel bringing or defending breach of employment contract claims.



  1. Bringing breach of employment contract claims
  2. Defending breach of employment contract claims


The panel will review these and other key issues:

  • Most common allegations in breach of employment contract claims
  • Key considerations for employment counsel bringing breach of employment contract claims
  • Available defenses for employment counsel defending breach of employment contract claims


Boling, Andrew
Andrew (Andy) Boling

Baker & McKenzie

Mr. Boling represents employers and management in various cross-border employment and labor matters. He has represented...  |  Read More

Kaufman, Meredith
Meredith Kaufman

Baker & McKenzie

Ms. Kaufman’s practice focuses on employment law disputes in federal and state courts, before administrative...  |  Read More

Markison, JoLynn
JoLynn M. Markison


Ms. Markison represents large and small corporations in employment litigation involving race, gender, national origin,...  |  Read More

Moody, Randle
D. Randle Moody, II

Of Counsel
Jackson Lewis

Mr. Moody concentrates his practice in the areas of competition law and employment litigation. He has tried cases and...  |  Read More

Oswald, Scott
R. Scott Oswald

Managing Principal
The Employment Law Group

With more than three dozen trials to verdict and over $90 million recovered in judgments and settlements in employment...  |  Read More

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